01 Sep 2011

Cal. Comp. Cases September Advanced Postings (9/1/2011)

Here's the first batch of advanced postings for the upcoming September issue of California Compensation Cases. Lexis.com subscribers can link to the "writ denied" cases to read the complete headnotes and summaries.

Interwoven, Inc., American Manufacturers Mutual Insurance Company, adjusted by Broadspire, Petitioners v. Workers' Compensation Appeals Board, Healthcare Recoveries, Inc., (Scott Owyang (Dec'd), Lucky Owyang (Applicant)), Respondents, 2011 Cal. Wrk. Comp. LEXIS 123.

Injury AOE/COE-Burden of Proof-WCAB held that opinions of lien claimant's reporting physicians, considered in conjunction with autopsy report, constituted substantial evidence, when weighed against one opposing medical opinion, to support WCAB's finding that ...

Medical-Legal Procedure-Reports of Qualified Medical Evaluators-Admissibility of Subsequent Reports-WCAB held that reports of two physicians, obtained by lien claimant at its own expense and relied on by WCAB to find industrial injury, were not inadmissible pursuant to ...

Gregory Lapold, Petitioner v. Workers' Compensation Appeals Board, Lloyds Transmission, Ohio Casualty Group, Respondents, 2011 Cal. Wrk. Comp. LEXIS 124.

Petitions for Reconsideration-Final Orders-WCAB dismissed petition for reconsideration of WCJ's minute order, finding that minute order was not final order subject to reconsideration under...

Petitions for Removal-Removal to WCAB-Alternatively, if applicant's petition for reconsideration could be construed as petition for removal of case to WCAB, WCAB denied removal pursuant to ...

Terry Scudder, Petitioner v. Workers' Compensation Appeals Board, Verizon California, Inc., PSI, administered by Sedgwick CMS, Respondents, 2011 Cal. Wrk. Comp. LEXIS 126.

Petitions for Writ of Review-Time to File-Court of Appeal dismissed petition for writ of administrative mandate (treated as petition for writ of review), finding that it was not timely filed, when ...

Medical Treatment-Medical Provider Networks-Admissibility of Medical Reports From Provider Outside Medical Provider Network-WCAB, rescinding WCJ's finding, held that medical reports issued in connection with applicant/cable splicer's 2/14/2006 injuries to left knee, low back, and in form of deep vein thrombosis, on which WCJ relied in making award, were inadmissible because...

PBMS, Inc., Zurich North America, Petitioner v. Workers' Compensation Appeals Board, Brenda Lobo, Respondents, 2011 Cal. Wrk. Comp. LEXIS 125.

WCAB Procedure-Consolidation of Cases-WCAB, exercising its discretion under 8 Cal. Code Reg. § 10589(a), denied defendant's request to consolidate three claims filed by applicant/maintenance worker alleging industrial injury on 1/1/2010, 3/12/2010, and during period 1/1/2006 through 4/1/2010, when WCAB found that...

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